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CONSTRUCTION OF ROOMS ON 3RD FLOOR


10-Jul-2023 (In Property Law)
I am owner of 2nd flr flat with roof rights. We already constructed 2 small rooms before. Sold 3rd floor. 3 flr guy now constructing rooms without permission from ground and first floor flat. Ground and 1st flr occupants going to court stay order &want me joi them for safety of building as it cannot take extra load. What should I do as lease deed signed by me at the time of selling 3rd floor for which I had roof rights. In lease deed, it says he can make additions etc. Your legal opinion please
Answers (4)

Answer #1
873 votes
Dear client

The construction of a third floor in Delhi is allowed under the Master Plan of Delhi 2021 (MPD 2021). However, there are some conditions that need to be met in order to obtain permission for such construction.

Under what grounds are you challenging the same?

Please feel free to reach out.
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Answer #2
671 votes
from the query posed, it is not clear whether the building has a sanctioned plan or not. if there is a sanction plan, then the buyer of third floor will have to get further construction sanctioned by the concerned authorities. if the building does not have a sanction plan then whatever construction is there on the land is an unauthorised construction and the buyer will anyways need the approval of the occupants of other floors to make further construction. you may choose to be a party to the proceedings since if you don't become a party you may be made one at a later stage since as per the facts stated by you, it appears that you are a necessary party to the proposed proceedings.
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Answer #3
996 votes
construction activities within a building typically require permission from the relevant local authorities, as well as compliance with the building bylaws and regulations. Additionally, if the construction involves common areas or affects the rights and interests of other flat owners, it is generally necessary to obtain their consent or permission.
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Answer #4
558 votes
hi we have to see ur past n current agreements if the law is in ur favor u can construct but having said that factual position has to be seen if ur building is not in condition to take extra load then we have to manage somehow but u also have to be saved if u have entered into agreement n given permission to buyer to construct.
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